(a) The oil and gas developer shall be obligated to pay the
surface owner compensation for:

(1) Lost income or expenses incurred as a result of being
unable to dedicate land actually occupied by the driller's
operation or to which access is prevented by such drilling
operation to the uses to which it was dedicated prior to
commencement of the activity for which a permit was obtained
measured from the date the operator enters upon the land until
the date reclamation is completed, (2) the market value of crops
destroyed, damaged or prevented from reaching market, (3) any
damage to a water supply in use prior to the commencement of the
permitted activity, (4) the cost of repair of personal property
up to the value of replacement by personal property of like age,
wear and quality, and (5) the diminution in value, if any, of the
surface lands and other property after completion of the surface
disturbance done pursuant to the activity for which the permit
was issued determined according to the actual use made thereof by
the surface owner immediately prior to the commencement of the
permitted activity.

The amount of damages may be determined by any formula
mutually agreeable between the surface owner and the oil and gas
developer.

(b) Any reservation or assignment of the compensation
provided in this section apart from the surface estate except to
a tenant of the surface estate is prohibited.

(c) In the case of surface lands owned by more than one person as tenants in common, joint tenants or other co-ownership,
any claim for compensation under this article shall be for the
benefit of all such co-owners. The resolution of a claim for
compensation provided in this article shall operate as a bar to
the assertion of additional claims under this section arising out
of the same drilling operations.

WVC 22 C- 7 - 3
§22C-7-3.

Repealed.

Acts, 2011 4th extraordinary. Sess., Ch. 1.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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